The Missing Right To Vote

What an amendment would do is help the courts do a better job doing what they are doing now. For better or for worse (and probably for worse), the courts have become the de facto referees of election disputes. It?s the Star Wars problem. Like Obi-Wan Kenobi, they are our only hope, the only ones (outside of self-interested politicians) who can step in. But while courts inevitably must resolve these cases, they lack the tools to do so. Just take a look at one of the court?s most revered lines of cases, the ?one person, one vote? doctrine. The early cases, starting with Baker v. Carr in 1962, are largely unmoored from conventional legal analysis. I sometimes joke with my students that the only law in these cases is in the dissents.

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